Alvin E. Gilbert, II and Neiva Gilbert v. Richard Anthony Campelle and HL Motor Group, Inc.

Rochester, New York personal injury lawyer represented the Plaintiff on an auto negligence truck wreck claim.



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In New York, auto negligence cases are governed by pure comparative negligence. This means that if you are injured in a car accident, you can still recover damages even if you are partially at fault for the accident. However, the amount of compensation you receive will be reduced by your percentage of fault.

Here's a more detailed breakdown:



Negligence:

To establish negligence in a car accident, the injured party (plaintiff) must prove that the other driver (defendant) owed a duty of care, breached that duty, and that the breach caused the plaintiff's damages.



Pure Comparative Negligence:



New York follows a "pure" comparative negligence system, meaning that a plaintiff can recover damages even if they are mostly at fault.



Percentage of Fault:



The court or jury will assign a percentage of fault to each party involved in the accident.

Compensation Reduction:



The amount of compensation awarded to the injured party will be reduced by their percentage of fault.

Example:



If your total damages are $100,000 and you are found to be 20% at fault, your compensation will be reduced by $20,000 (20% of $100,000), and you will receive $80,000.



No Threshold:



Unlike some states with modified comparative negligence systems, New York does not have a threshold where being more than a certain percentage at fault (e.g., 50% or 51%) bars recovery. You can still recover even if you are 99% at fault.



Traffic Laws:



Violations of traffic laws can be used as evidence of negligence and fault in determining the percentage of fault, according to Porter Law Group.



No-Fault Insurance:



New York also has no-fault insurance, which allows you to recover certain damages (like medical expenses and lost wages) without proving fault, but it also limits the types and amounts of recoverable compensation.



Gross Negligence:



Gross negligence, which involves a reckless disregard for the safety of others, can also play a role in negligence claims.

Pursuant to Local Rule of Civil Procedure 41(a) and 14 the Court's Text Order entered on June 10, 2025, the parties had 14 days after this case had settled to submit a stipulation of dismissal or other appropriate document, and if such document or status update was not timely filed by June 24, 2025, the Court could enter an order dismissing the case as settled, without costs, and on the merits. See Loc. R. Civ. P. 41(a). The parties did not file a stipulation of dismissal or any other documentation by that date. Accordingly, the case is hereby dismissed as settled, without costs, and on the merits. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/30/2025. (JKS)